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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
BIBHU DATTA GURU
Rampyare, S/o Ram Awatar Ahir – Appellant
Versus
Ramkishun, S/o Jagdev Ahir – Respondent
JUDGMENT :
Bibhu Datta Guru, J.
1. By the present appeal under Section 100 of the CPC, the appellants/plaintiffs challenging the impugned judgment and decree dated 01/01/2020 passed by the learned 1st Additional District Judge, Manendragarh, District Korea, C.G. in Civil Appeal No.30A/2019 (Rampyare & Anr Vs. Ramkishun & Anr) arising out of the judgment dated 19/07/2016 passed by the learned Civil Judge Class-I, Manendragarh, District Korea, C.G. in Civil Suit No.48A/2016 (Rampyare & Anr Vs. Ramkishun & Anr) whereby the learned appellant Court dismissed the appeal and affirmed the judgment passed the learned trial Court. For the sake of convenience, the parties would be referred as per their status before the learned trial Court.
2. The plaintiffs preferred a suit seeking declaration of title, possession and permanent injunction pleading inter alia that the plaintiffs’ grandfather, Mahadev, son of Late Amrit Ahir, executed a will on 12/08/1958 and got it registered on 28/11/1958 in the office of the Sub-Registrar, Manendragarh, thereby bequeathing his land ownership rights, i.e., the suit land, to Ramavatar Ahir, son of his younger brother Jagdev Ahir. Jagdev had two sons, Ramavatar a
A will must be proven in accordance with statutory requirements; the presumption for documents over 30 years old does not apply to wills under Indian law.
(1) Presumption contemplated under Section 90 of Indian Evidence Act in respect of documents more than 30 years old does not apply to a Will.(2) Second Appeal – Scope of interference in a Second Appe....
The presumption of execution and attestation of a 'WILL' over 30 years old can be drawn under Section 90 of the Indian Evidence Act if produced from proper custody.
The presumption under Section 90 of the Indian Evidence Act does not apply to Wills, necessitating proof of execution and attestation by the propounder.
Point of Law - Section 16 (c) of the Act of 1963 provides that specific performance of a contract cannot be enforced in favour of a person who fails to prove that he has performed or has always been ....
(1) Proof of execution of Will – If one attesting witness can prove execution of Will, examination of other attesting witness can be dispensed with.(2) Where Will is a registered document, there is p....
A will's validity requires proof of execution, with the burden resting on its propounder to eliminate any suspicious circumstances surrounding its execution.
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